Legal Question in Health Care Law in California

I was diagnosed with benign tumors of the uterus (fibroids) and was told I had to have a hysterectomy. I'm not anywhere near menopause and explored non-surgical options (focused ultrasound, embolization), but was told my tumors were too large. When I started to do online research on hysterectomy, I was shocked to find that according to the latest studies, it can badly affect a woman's health for the rest of her life. Also, 90% of them are considered unnecessary. The consensus seemed to be that hysterectomy should be a "last resort, not a first choice" at any age.

I told my gynecologist that I did not want to have a hysterectomy since a much less radical surgery (myomectomy) that removes the tumors only is available. I was told that myomectomy was "reserved for young women", and that older women with this condition must undergo a hysterectomy.

A friend of mine who works in the healthcare industry, tells me gynecologists always insist on hysterectomy because most are not trained to do other surgeries. They tend to not give patients the choice of a procedure they are not qualified to do because it is not in their interest to refer patients to other specialists.

He tells me that since there is no cancer, I cannot be forced to have a hysterectomy while there is a much less radical treatment available. According to him, I can choose my treatment, and cannot be denied a less invasive treatment on the basis of my age.

At this point I would like to find out what the legal situation is before I do anything.

Is my friend right?! Also, are these issues governed by state (or other) law, or is this up to individual insurance carriers?

I greatly appreciate you help in this matter.

1 Answer from Attorneys

Related Questions & Answers

More Health Care Law questions and answers in California

Looking for something else?